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PRECEDENTS
Agenda item Supporting documentation (to be provided before or after meeting) Comment or action 1. Purpose of the meeting and objectivesState what you need from the meeting and why, eg: —ensure legal resource meets the needs of the organisation —understand the possibility of outsourcing some legal services or reducing spend on external legal support —assess history of use of external legal advisers (who, cost, quality etc) —be informed about the types and volumes of legal support the organisation will require in future [Insert your initials] 2. Strategy and projectsAsk: —what changes have been made to the sales and marketing (SM) department over the past five years? —which legal advisers acted for the organisation on those changes, who appointed them, why were they chosen, who managed them and what did they advise on, eg legal, contractual matters, marketing strategy, agency agreements, social media,
PRECEDENTS
1 Introduction This document was prepared by [insert name or role] on [insert date]. It sets out the proposed strategy for resourcing [insert organisation’s name]’s legal services, in particular which services should be outsourced to external providers and which should be retained in-house. 2 Internal legal resources 2.1 The legal team Headcount [State full-time equivalent (FTE) headcount] Composition of legal team Head of legal team: [State name, full-time or part-time, high-level summary of experience, eg number of years][State name or role]: [State name, full-time or part-time, area(s) of particular expertise (if applicable), level of experience, eg number of years][State name or role]: [State name, full-time or part-time, area(s) of particular expertise (if applicable), level of experience, eg number of years] Support team [[State name or role]: [State name, full-time or part-time, area(s) of particular expertise (if applicable), level of experience, eg number of years]ORNA] [Cost] [Salaries: legal team £[insert] [([including OR excluding] bonuses, employer’s pension contributions, other benefits and employer’s NICs)] ] [Salaries: support team £[insert ][([including OR excluding] bonuses, employer’s pension contributions, other benefits and employer’s NICs])] [Professional fees and memberships: £[insert]] [ Total: £[insert] ] 2.2 Strengths and weaknesses SWOT Analysis Strengths [State areas of law in which
PRACTICE NOTES
This Practice Note is intended for in-house lawyers considering outsourcing some legal services to external suppliers of legal services. It forms part of a suite of tools and guidance to assist you with the outsourcing decision. This Practice Note is intended to be used at the start of the process. It is designed to help you gather the information required to decide whether you need to use, ie outsource work to, external suppliers of legal services. See also Practice Notes: • Legal services outsourcing—in-house lawyers—which legal services to outsource • Legal services outsourcing—in-house lawyers—outsourcing options Ultimately, the purpose of gathering information is to formulate a strategy on legal services outsourcing. See Precedent: Legal services outsourcing strategy. Whether you are thinking about the possibility of outsourcing some legal services or, you’ve been given the immediate objective of reducing spend on external legal support, you need to start by gathering information. You need to understand: • what legal support has previously been and is currently being used by your organisation • what types and volumes of
PRACTICE NOTES
In the past, outsourcing legal services just meant going (almost cap in hand) to external lawyers. However, as an in-house lawyer, you are now faced with a multitude of business models and service delivery models from which to choose. This Practice Note is intended for in-house lawyers considering outsourcing some legal services to external suppliers. It forms part of a suite of guidance and Precedents to assist you with the outsourcing decision. This Practice Note provides guidance on the different options for outsourcing. It invites you to consider: • making better use of the arrangements, including internal resource, that are already in place • using external counsel • alternative legal services providers (ALSPs) • business process outsourcing (BPO) See also Practice Notes: • Legal services outsourcing—in-house lawyers—information gathering • Legal services outsourcing—in-house lawyers—which legal services to outsource Exploit what you already have Before you look at the outsourcing option, can you make better use of what is already in place? If your organisation operates in an arms-length manner, with each department
PRACTICE NOTES
This Practice Note is intended for in-house lawyers considering outsourcing some legal services to external suppliers. It forms part of a suite of guidance and precedents to assist you with the outsourcing decision. This Practice Note provides guidance on how to identify which legal services to outsource. See also Practice Notes: • Legal services outsourcing—in-house lawyers—information gathering • Legal services outsourcing—in-house lawyers—outsourcing options Before deciding which legal services to outsource, you should already have gathered data about: • what legal advice your organisation has used previously • what legal advice it is likely to need in the future, and • the resources available in your legal team See Practice Note: Legal services outsourcing—in-house lawyers—information gathering. The next step is to assess which legal services you could consider outsourcing. This Practice Note is designed to help you to think about: • key practical issues such as your objectives in outsourcing and how to ensure those objectives are achieved • which legal services should not be outsourced • which legal services could be outsourced
PRACTICE NOTES
For the in-house legal team running to a budget, legal fees are a critical issue. In the worst cases, fee arrangements that have not been properly negotiated or agreed may result in a complete breakdown of the lawyer–client relationship. This Practice Note provides guidance on the various types of legal fee structures and fee models available to in-house legal teams when negotiating the purchase of legal services with a panel of law firms or other legal services suppliers. It also explains the added value options, such as secondments and training, which are sometimes offered by legal services suppliers to in-house legal teams when negotiating fee structures, as part of a procurement process. For a generic example of an invitation to tender (ITT) see Precedent: Invitation to tender—template. See also Precedent: ITT schedule—criteria—legal services, which is intended to be annexed to an ITT for the procurement of legal services and which provides an example of the criteria which the legal service provider tenderer will need to show it is capable of meeting in responding to the ITT,
PRECEDENTS
Sample question from prospective supplier Sample answer Do you intend to appoint more than one supplier for the provision of legal services? At this stage, we have made no decision about the number of suppliers that we appoint. However, we do anticipate appointing more than one supplier In the [ITT OR RFP] you state that the response to the [ITT OR RFP] document should not exceed [insert number] pages. Will you exclude any reply that exceeds this? The requirements of the [ITT OR RFP OR process are clear and have been
PRECEDENTS
This Precedent is intended for in-house lawyers. It can be used to record what legal services are sourced externally, from which suppliers and at what cost. It also includes tabs for recording key areas of legal risk and strategy that may be relevant to outsourcing legal services. This will help you determine which legal services to outsource or to continue outsourcing and formulate an outsourcing
PRECEDENTS
[Insert name of organisation] recognises the rights of individuals to equality of opportunity, equality of access and freedom from discrimination. [Insert name of organisation] is fully committed to promoting and supporting the highest level of professional standards and ensuring equality, diversity and inclusion (EDI) in all aspects of our work. [Insert name of organisation] requires its panel members to share this commitment. Please answer all questions in this questionnaire, keeping your response to a maximum of [insert number of words] per question. Any requested or supporting documentation should be clearly referenced to the related question and sent with your submission. The completed questionnaire should be submitted to [insert the name of the person
FLOWCHARTS
This Flowchart outlines the legal system applicable to civil tax appeal cases in England and Wales. It illustrates how, in relation to appealable decisions made by HMRC (ie those HMRC decisions in respect of which there is a statutory right of appeal), a taxpayer normally appeals to the First-tier Tribunal (Tax Chamber) (FTT (Tax)) and how such tax appeals may
PRECEDENTS
Dear all, here’s the agenda for the next legal team meeting. Please take the time to read it [and any supporting materials] before the meeting, so that you’re suitably prepared. If you have anything that you would like to add to this agenda, please let me know in advance. 1 General Date of meeting [Insert
NEWS
Law360: Legal teams involved in unprecedented UK 'Dieselgate' vehicle emissions tests litigation had more than £250m of their budgets slashed on 5 July 2024 after a High Court judge ruled that the estimated costs were 'out of all proportion'.